Conflict Avoidance, Dispute Management Procedures Flashcards
3 main dispute resolution methods
- Negotiation
- Mediation/Conciliation
- Adjudication
Think NMA - non material amendments - have to dispute these to get them passed
Benefits of ADR
Faster than court, cheaper than court, informal as out of court, good quality outcomes, confidential
3 forms of ADR
Mediation
Arbitration
Independent Expert Determination
What is mediation
Form of ADR
Neutral mediator aids discussion and resolution
It is confidential and informal
Mediator doesn’t make the decision, but aids the parties come to a decision
What is Arbitration
Form of ADR
‘Quasi-judicial’ arbitrator appointed, the parties are bound by their decision
They are an informed specialist on the topic and cannot be sued for negligence
Fast, cheap and confidential
Surveyors can be appointed as arbitrators
What is Independent Expert Determination
Form of ADR
Appointed by both parties, or RICS dispute resolution services
Both parties bound to the decision
Expert receives evidence from both parties and investigates
Fast and uses specialist knowledge
Mechanism to resolve dispute between business and customer
A nominated customer redress mechanism - e.g. an Ombudsman
Advocates vs Expert Witnesses
Examples of Surveyors involved In disputes
Expert witness = provides evidence to a court. They must be independent, impartial and have duty to the court
Advocate = represent a client in court, duty is to the client only
What dispute resolution does grainger recommend
Resi tenants - Property Redress Scheme, TDS for deposits
Commercial matters - RICS Dispute Resolution Service
Hierarchy of Court Decisions
- First-Tier Tribunal - not legally binding for other cases, but set precedence
- Upper Tribunal
- High Court
- Court of Appeal
- Supreme Court
Main difference arbitration vs independent expert determination.
Arbitration more on legal disputes and governed by Arbitration Act 1996
IED more on technical disputes
